Question 4 - Cannabis - Legalization of Adult Use and Possession Chapter 45 of 2022 (House Bill 1)

Summary

This constitutional amendment adds new Article XX to the Maryland Constitution to provide that on or after July 1, 2023, an individual in the State who is at least 21 years old may use and possess cannabis (otherwise known as marijuana). This authorization would be subject to a requirement that the General Assembly pass legislation providing for the use, distribution, possession, regulation, and taxation of cannabis within the State. Under current State law, possession of 10 grams or more of marijuana is a misdemeanor, punishable by imprisonment for up to six months, a fine of up to $1,000, or both. Possession of less than 10 grams of marijuana is a civil offense, punishable by a fine of up to $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense. Marijuana is listed on Schedule I under the federal Controlled Substances Act. For a drug or substance to be classified as Schedule I, the following findings must be made: (1) the substance has a high potential for abuse; (2) the drug or other substance has no currently accepted medical use in the United States; and (3) there is a lack of accepted safety for use of the drug or other substance under medical supervision. During the 2022 session, the Maryland General Assembly also passed companion legislation, Chapter 26 – House Bill 837, which alters various provisions of law applicable to the use, possession, and distribution of cannabis, contingent on the approval of this constitutional amendment. Among other things, Chapter 26: • repeals the term marijuana and replaces it with cannabis; • legalizes possession by a person at least 21 years old of no more than 1.5 ounces of cannabis, or equivalent amounts including no more than 2 cannabis plants, effective July 1, 2023; • makes it a fineable civil offense for a person to possess up to 2.5 ounces of cannabis; • reduces the crime of possession with intent to distribute cannabis to a misdemeanor subject to maximum penalties of three years imprisonment and/or a $5,000 fine and provides that possession of less than 2.5 ounces of cannabis without other evidence of an intent to distribute or dispense does not constitute possession with intent to distribute; • repeals criminal penalties associated with cannabis paraphernalia; • authorizes a person incarcerated for a conviction related to possession of cannabis to apply to the court for resentencing; • authorizes a person who is convicted of possession of cannabis to file a petition for expungement of the conviction after the satisfactory completion of the sentence including probation; • authorizes a person who is convicted of possession with the intent to distribute cannabis to file a petition for expungement of the conviction three years after satisfaction of the sentence; • requires the Attorney General to provide the General Assembly with a formal opinion regarding the impact of cannabis legalization on the authority of police officers to conduct searches of individuals and vehicles based on detection of the odor of cannabis; • requires specified agencies and entities to complete studies, collect and report data, and develop standards regarding the use of cannabis, the medical cannabis industry, and the adult-use cannabis industry; • creates a Cannabis Public Health Advisory Council; and • establishes various funds relating to business assistance and public health. Eighteen other states have legalized recreational cannabis use by adults. A total of 37 states regulate cannabis for medical use by qualified individuals. Maryland has had a medical cannabis program in place since 2014.

A "yes" vote supports enacting legislation allowing anyone who is at least 21 years of age on or after July 1, 2023, in the state of Maryland to use cannabis.

A "no" vote supports retaining current legislation in which only medical cannabis is legal, and possession of under 10 grams is decriminalized.

Measure Details